Selected Halachos from the “one minute halacha” project
By HaRav Yosef Yeshaya Braun, Shlita, Mara D’asra and member of the Badatz of Crown Heights
MAY I USE MY NEIGHBOR’S WI-FI WITHOUT PERMISSION?
There are laws in many countries that forbid the use of wireless service belonging to another without permission. In the United States, federal and state laws restrict “unauthorized access of a computer network,” though what constitutes unauthorized access and to what extent it is penalized varies greatly from state to state. But it is a punishable crime in every state to bypass encryption and other security measures for access.
Any action that is deemed illegal by the government is normally prohibited by halacha, as well. But if using an open network is acceptable in a specific locale, is it nonetheless considered g’zeila (theft)?
G’zeila includes the issur (restriction) of shoel shelo mida’as (borrowing another’s possession without permission), even if the borrowed object is returned with nothing depleted and no obvious wear and tear. But a davar she’ein bo mamosh (something that has no substance) cannot be stolen in the strict sense of Torah law. By utilizing another’s internet connection there is no theft or even “borrowing” of a router or any other physical object, but there are other considerations of disadvantaging another which may restrict unsanctioned use. Some of these issues are:
Is their bandwidth affected? Sometimes, multiple users can slow down a connection, especially when using Wi-Fi for heavy downloads.
Do they pay per gig? Some internet providers supply a pay-for-use (also called metered) system and using another’s connection may add to their costs or suspend service when they “run out” and reach the gigabyte limit.
Do they have a single-user contract? Internet service contracts may have riders that limit the number of devices or users attached to a single account, and using a neighbor’s Wi-Fi may cause them harm when their contract is thereby breached.
Is the internet activity above-board? Someone who freeloads Wi-Fi for illegal transactions, downloads or viewing makes them more vulnerable to hackers and may even cause the contracted user to be penalized.
If we are sure that none of these issues apply—it is known that there is no outlay, authorization issues or slowed connection (or if the neighbor is away), there is a leniency of zeh neheneh v’zeh lo chaseir (one benefits and the other loses nothing). In cases involving a davar she’ein bo mamosh, the owner is obliged to allow usage: When playing loud music, the partier cannot prevent those outside from listening in; after painting a mural on the façade of a house, the homeowner must concede to passersby viewing it; and, ostensibly, a Wi-Fi user’s open network (that is often automatically picked up by someone else’s wireless device) ought to be available for public use.
Additionally, since the primary user has the option of password protection, their failure to set it up may be implicit permission for others to use their Wi-Fi. This dispensation is related specifically to internet access as an intangible acquisition (and would not apply, for instance, to taking another’s possession if their door is left unlocked).
The simplest solution for using a neighbor’s internet connection is simply to ask permission. If none of the above issues apply to their internet portal, neighbors who are approached in this manner are called upon to oblige, as the pasuk in Mishlei urges: “Al timna tov meba’alov” (Do not withhold good from the one who needs it).
HOW TZITZIS STRINGS SHOULD HANG
Tzitzis strings must be tied so they are notef al hakeren (dangling alongside the corner). They should not hang straight down toward the hem of the begged (garment), nor should they be secured diagonally so that they hit the corner straight on, but should list towards the side of the begged and then stream vertically along the edge to the corner.
The halachic definition of keren (along the corner) includes an area within the edge of the begged, equivalent to melo kesher gudal (from the tip to the first knuckle of the thumb), just under three centimeters. This is a limitation on how far the tzitzis strings may stray upwards from the corner (and according to some opinions sideways too)—and still optimally fulfill the requirement of hanging “al kanfei bigdeihem” (on the corners of their garments).
The position of notef al hakeren (or at least arranging the strings so it is always a possibility) should be maintained throughout tzitzis wear, not just when they are first tied—though if they move outside the vicinity of melo kesher gudal while being worn, they are still considered kosher. Tzitzis wearers who “tuck in” should be careful that the strings remain affixed in the correct way while undercover, and extra special care is required for those who hide the tallis katan (lit. small tallis—i.e., the tzitzis garment), but leave the tzitzis dangling out.
Many have the minhag (custom) of placing two holes angled towards the corner of the tallis katan through which the strings are tied. This design helps the tzitzis strings hang appropriately, notef al hakeren, and prevents them from creeping too high or inward. The Siddur HaRav recommends placing a second small hole right on the side edge of the tallis gadol (large prayer tallis) also for this purpose.
When wearing the tallis gadol for davening (and perhaps swaying in such a way that the tzitzis swing), best effort should be made so the tzitzis strings retain the position of notef al hakeren.
IS WEARING A CAP & GOWN CHUKOS HAGOYIM?
Following chukos hagoyim (the ways of the non-Jews) is a lav (Torah prohibition), as it states in Parshas Acharei: “Uv’chukoseihem lo seilechu” (do not go in their ways). Chukos hagoyim includes all manner of non-Jewish conduct, not just those specific to ovdei avoda zara (idol-worshippers). What are they?
According to one interpretation it includes all modes of conduct that were initiated by non-Jews and gained widespread popularity before Jews adopted this behavior. However, a more accepted definition, set forth by the Maharik and codified by the Rema, includes only behaviors that have no ta’am (logical basis) or to’eles (obvious benefit)—and when a Jew performs them they are acting solely to imitate what is in vogue. This description follows the classic reading of the word used in the Torah, chok (statute), which is a regulation outside logic.
Another restriction under chukos hagoyim is conduct that is derech pritzus, shachatz v’gaavah ([an aspect of] immodesty or pretentiousness); the Toras Kohanim also includes elegant dress associated with the non-Jewish elite.
Medical apparel, graduation gowns or other types of uniforms are worn for a specific purpose, and are therefore not considered chukos hagoyim. On the other hand, ripped jeans or other fashions that essentially have neither taam nor toeles can be categorized as chukos hagoyim. Flashy fads that push the limits of modesty and involve derech pritzus, such as certain popular hairstyles, are also a halachic issue. With regard to all modes of dress, the rules of reasonable and useful fashion apply.
Many poskim maintain that non-Jewish traditions originally associated with avoda zara should also be avoided, even if they later evolved into non-religious customs. Some halachic authorities rule more strictly than the Maharik, considering even non-Jewish mores with a taam or toeles to be chukos hagoyim. Many communities have adopted these extra stringencies on account of the severity associated with violating a lav, and also due to a guiding principle of Chazal, that we, the Jewish people, remain distinct in our behavior and dress from the nations around us.
TO GET OR NOT TO GET: REMARRIAGE AFTER CIVIL MARRIAGE
A Jewish woman who wishes to marry, but was previously married to a Jewish man, requires a get (a bill of divorce) from her former husband. What if her first marriage was only a civil one—does she still need a get?
The Definition of Marriage
Civil marriages and other formalized relationships do not constitute a kosher marriage, which requires kiddushin (halachic betrothal) in the presence of two kosher witnesses. Nevertheless, poskim put forth many reasons to be stringent regarding the necessity of a get for dissolution of even a non-kosher marriage—whether a ceremonial or non-officiated union.
The Tzemach Tzedek examines the question of whether a woman who is meyuchad (in an exclusive relationship) with a man might be comparable to a (now obsolete) pilegesh (a half-wife i.e., a marriage not for the purpose of having children), which according to many opinions required a get even though no kiddushin took place.
There is another argument put forth that although the civil marriage was not a “Jewish” one, the Torah ascribes other forms of marriage to b’nei Noach (Noachides, i.e., non-Jews who adhere to the Seven Universal Mitzvos). If Jews are married in this manner, a get or some other official form of dissolution of the marriage may be required.
Alternatively, the civil marriage in itself can be considered a shtar (contract) that constitutes kiddushin.
Non-Ceremonial Matrimony
There is a halachic concept that “Chazaka ein adam oseh be’ilaso be’ilas zenus” (it is assumed that a person would not want to enter into a forbidden relationship); a Jewish man and Jewish woman in a relationship would seemingly desire not to violate halacha (or live immorally). Even if they are unaware of the requirement of kiddushin or the necessity of it, their relationship (or the very fact that they live together) may be considered an implicit choice to be “married”. Since it is public knowledge that they live together, this awareness may constitute “witnesses”, resulting in the need for a get.
The Uncomplicated Divorce
Some poskim who reject all the above arguments nevertheless maintain that a get is required in order to create a s’yag (lit., fence—a safeguard) against Jewish marriages ending without a get. They take into consideration the potentially negative impact on legal Jewish divorce were it to become commonplace for civilly married women to have their unions end sans get.
Some authorities argue against this practice so as not to, chas v’shalom, appear to give legitimacy to non-kosher unions. Nevertheless, the consensus among poskim is that even if a get is not required for the dissolution of a civil marriage according to the letter of halacha, it must nevertheless be acquired, if only as a chumra (stringency).
When it is not possible to obtain a get to dissolve a previous civil marriage, a rav should be consulted, since the circumstances of each individual case greatly impact the halachic ruling.
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